Blog
From garage to unicorn – Employment law lessons for scaling tech teams
Catherine Bourne
7 October 2015
Legal update: Victimisation by association
In 2008 the ECJ made it clear that you didn’t actually have to be disabled yourself to bring a direct disability discrimination claim, provided that you were discriminated against because of your association with a person who is disabled. It was previously thought that this principle of ‘associative discrimination’ only applied in cases of direct discrimination or harassment. However, following the case of Thompson v London Central Bus Company Ltd employers will now need to be wary that the same principle applies in cases of victimisation. In this case it was held that where an employee is victimised, the employee can claim even when the protected act is carried out by another person, provided that they are victimised because of that act. Furthermore, the recent hearing by the Employment Appeal Tribunal makes it clear that there is no requirement for there to be a special relationship in existence between the person who is victimised and the person who carries out the protected act.
6 October 2015
New whistleblowing rules from FCA
As the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) publish new rules on whistleblowing today, Andreas White and Louise Hodges examine what this means for firms in light of the forthcoming Senior Managers and Certification regimes coming into force in March 2016 alongside new Conduct Rules.
29 September 2015
New police powers on disclosing criminal investigations prior to conviction
Employers will need to balance the rights of employees under suspicion against safeguarding responsibilities
The Home Office has issued new guidance on police disclosing details of convictions, criminal investigations and proceedings. The ‘Common law police disclosure’ guidance replaces the previous ‘notifiable occupations scheme’ which allowed the police to pass information about someone to an employer, or regulatory body, where there was a perceived public protection risk.
25 September 2015
Permanent sick leave: Does employment still transfer under TUPE?
If an employee is permanently off work on sick leave, will his employment still transfer under TUPE? Jennie Atefi reports on a recent case...
24 September 2015
Employee misconduct and derogatory comments on social media: Can employers fairly dismiss?
If an employee admits misconduct and makes derogatory comments about his or her employer on social media, can he or she be fairly dismissed? We report on a recent case...